My grandfather was involuntarily committed to a state mental hospital in 1934. He was a “shell shocked” First World War veteran, who’s condition deteriorated in the years after the war. I have the records from the hospital where they sent him, so I know the date of the hearing, the judge’s name, the name of the sheriff who escorted him into court, even the courtroom number. Yet, when I wrote to the county where his case was heard, to get any records pertaining to his commitment (I was hoping for a transcript of the trial), I was told that nothing could be found.
I’m not sure if his case was heard in front of a jury, but I do know that there were multiple witnesses. I just assumed there must be some kind of records, somewhere. Is there any other way to go about finding them, if they exist, or am I SOL.
Odds are you’re SOL on a transcript. Those are usually only prepared if an appeal is filed, and odds of locating the court reporter and her notes from so long ago aren’t good. The Court file, if it still exists, would contain the pleadings–the complaint or petition filed against him, an answer or motion to dismiss if he filed one, copies of the process (summons/subpoena for witness), and the final Order.
I’d guess that no jury was involved. In my state, a commitment proceeding is done in a closed court, and decided by a Judge.
If it still exists, it’s probably in a dusty box somewhere. File storage is a problem, and courthouses have burned more often than you might think. My guess is you might find it in the Court’s archives if they have any going back that far, or possibly in a County library. You might have better luck if you show up in person, and ask to search through whatever old files they have.
Longer shots: State archives, possibly in the collection of a local college library. Maybe even the lawyer that handled the case…if he’s still alive, or the firm he was with still exists, they may still have something.
Another thought, also a long shot, but a local newspaper may have covered the trial. Bear in mind that commitments are somewhat summary precedings, usually not hotly contested, and unless your relative was a local celebrity of some type, it might not make the papers.
If he’s still alive he’d be damn near a 100 years old. But a law firm might still have records. Or his family might have kept his papers (especially if his son followed him into law).
Yet another thought, shooting from orbit now…are you sure you contacted the right Court? Legal systems have changed over the years. Courts have merged, been dissolved, new ones created. This case may have been heard in a Court that no longer exists, but there may be records from that Court…somewhere.
My state still maintains the distinction between law and equity–ie, we have separate courts for each. Matters of law are decided in a Court of general jurisdiction…called a Circuit Court in my state. Matters of Equity are decided in Chancery Court. Family law matters–including commitments, are heard in Chancery, so if you contacted the Circuit Clerk, they would not have any files on a Chancery matter. Not sure how many states still have this system, or something similar–but it may have been more common back in the 1930s.
Your state still has the distinction? Mine just got rid of it last year. The distinction used to be a giant pain in the rear. Different names for the pleadings with a different set of rules for the two.
I’ve never looked for a court file that old, but it wouldn’t surprise me if they got rid of the files after all this time or archived them somewhere and lost them.
I think it pretty unlikely that the lawfirm kept the records after all of those years. If it was a small firm, they just don’t have the space and inclination to keep so many files.
There was probably some prosecuting authority, such as a state’s attorney office, that prosecuted the case. They might have the file still.
It’s important that you approach these organizations in the right way, especially if they are located in an urban area. Even if the records still exist, a low level employee who fields your call will have a tendency to tell you that the records are gone, just to save themself some trouble and get rid of you.
For example, if you call up and ask “do you have files from 1934,” the person can easily say “no” and get rid of you. On the other hand, if you ask “how far back do your files go,” the person will probably have to transfer you up the chain to someone who is probably smarter and more knowledgeable and more helpful because he doesn’t have to deal with the daily annoyances of being a low level clerk.
It definitely would have been more common then. The merger of law and equity in the federal system happened with the drafting of the Federal Rules of Civil Procedure, which was sometime in the 1930s, right? (Correct me, oh law school dopers.) I hadn’t realized that anywhere but Delaware still had a Chancery Court.
I’m with Oakminster, though. I doubt that you’ll be able to get the files, because storing that much paper for that long is pretty expensive. But good luck.
To the OP: Where the heck are you? Some information about your location (or the location of the trial) will help us move beyond general speculation. I’m with **Oakminster ** and Campion, though, you are unlikely to find much.
Hmmm, I really don’t know. I’ll see what I can find out (it’s Pennsylvania, by the way).
Oh yes. After receiving the disappointing letter, I called and tried to speak to a human being. After 15 minutes of phone-jail, I asked the very bored voice on the other end – in the very nicest way I know how – if she could suggest any other places I could search. Her answer? A disinterested “I have no idea.” I could see the :rolleyes: right through the phone.
I would love to go through old files myself, but unfortunately I’m about 3000 miles away from the town where they’d be squirreled away.
[hijacking my own thread, kind of] The V.A. hospital, where he was transferred and spent the next 30 years until his death, sent me a 3 page report. The state mental hospital where he spent only 18 months sent me the holy grail of old paper: 35 pages of psychologist reports, family interviews, ward reports – even a crude intelligence test. I was amazed that they kept all that stuff.[/old paper hijack]
You can always ask what their procedure is to request files. Most states have an equivalent of the Freedom of Information Act, and if it’s a governmental entity you’re talking to, you can make a FOIA request. Call, ask what their requirements are. They’ll tell you to write a letter describing specifically the material you want. They’ll then spend several months looking for it. If they find it, they’ll tell you what the copying costs are.